TINJAUAN POLITIK HUKUM ISLAM TERHADAP SEMA NOMOR 2 TAHUN 2023

Ali Syahputra, S.H., NIM.: 22203011102 (2024) TINJAUAN POLITIK HUKUM ISLAM TERHADAP SEMA NOMOR 2 TAHUN 2023. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage registration occurs because of a court order. With the stipulation from the court, the decision that the judge will give will vary, some will grant the application and some will reject the application. Thus, the Supreme Court recently issued Supreme Court Circular Letter (SEMA) No. 2 of 2023 concerning Guidelines for Judges in Adjudicating Cases of Applications for Registration of Marriages between People of Different Religions and Beliefs which aims to end problems related to interfaith marriages. However, the issuance of SEMA No. 2 of 2023 still causes tension in the community due to political intervention in the issuance of SEMA No. 2 of 2023. This type of research is field research. As for answering research questions, the author uses a legal political approach with the theory of Policy Analysis. The author analyzes the politics of Islamic law against SEMA No. 2 of 2023. This thesis uses a qualitative method, while in collecting primary data the author conducts interviews with the Chairman of the Supreme Court Chamber of the Republic of Indonesia. While the secondary data the author obtains from various other sources to complement the research needs. This research reveals that there are factors in the emergence of SEMA No. 2 of 2023. The background of the issuance of SEMA No. 2 of 2023 has several factors. First, the factors for the emergence of SEMA No. 2 of 2023 are due to the variety of judges' decisions in adjudicating cases of applications for registration of marriages between people of different religions, some judges reject the application and some judges grant the application. Second, the emergence of SEMA No. 2 of 2023 was due to political intervention, namely the arrival of the Deputy Chairman of the MPR RI from the PAN faction who asked the Supreme Court to cancel the judge's decision that granted the application for registration of marriages between people of different religions. The issuance of SEMA No. 2 of 2023 concerning Guidelines for Judges in Adjudicating Cases of Application for Registration of Marriages between People of Different Religions was due to political intervention. In SEMA No. 2 of 2023, there was already a Working Group Meeting attended by religious assemblies, Supreme Court judges, family law experts, and so on. But this SEMA also has political intervention from Yandri Susanto's presence at the Supreme Court to ask for legal certainty in the practice of interfaith marriage. In this case, the state has the right to intervene like the Zakat Law and the Hajj Law. The state is not here to limit people's beliefs but has the aim that people's religious expressions do not deviate from their respective teachings.

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